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IN THE SUPERIOR COURT OF THE STA TE OF DELAWARE IN AND FOR THE NEW CASTLE COUNTY ANGELA D. HUSFELT, ) ) Appe llant, ) ) v. ) ) THE MARY CAMPBELL CEN TER, ) and UNEMPLOYMENT INSURANCE ) APPEAL BOARD, ) ) Appellees. )

C.A. No. 07A-07-005 JRS

Date Submitted: March 17, 2008 Date Decided: June 25, 2008 Upon Appeal from the Unemploym ent Insurance Appea l Board. AFFIRMED ORDER This 25 th day of June 2008, upon consideration of the appeal of Angela D. Husfelt ("Husfelt"), from a decision of the Unemployment Insurance Appeal Board (the "Board") denying her claim for unemployment benefits against her former employ er, the M ary Cam pbell Ce nter, Inc. ( "MCC "), it appea rs to the C ourt that:

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Husfelt was employed as a certified activities assistant with MCC from

September 9, 2005 until March 1, 2007, when she was terminated.1 MCC terminated Ms. Husfelt based on two separate incidences involving alleged falsification of her time card and intention al miscon duct. 2 On February 18, 2007, Husfe lt arrived la te to work and forgot to clock in.3 At 12:49 that afternoon, Ms. Husfelt called into the MCC and asked another MCC employee to clock in for her. The employee did so and the time card reflected a 12:49 p.m. "clock in time" for Ms. Husfelt. At the end of that day, Ms. H usfelt ask ed anoth er MC C emp loyee to cross out the 12:49 p.m. and insert 10:00 a.m. as he r "clock-in time." 4 The other employee complied and altered the time card. 2. On February 24, 2007, Ms. Husfelt transported MCC residents, staff and While en route, Ms. Husfe lt

volunteers in an MCC vehicle to Atlantic City.

encountered a traffic control officer at an intersection. The officer instructed Ms. Husfe lt to turn, but Ms. Husfelt refused and called the officer a "skank." 5 Ms. H usfelt had been disciplined by MCC for two similar incidents in 2006.6 Durin g one in cident,

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Docket Item ("D.I.") 5 at 2, 42. D.I. 5 at 5, 16. D.I. 5 at 5. D.I. 5 at 35, 43-44, 85-86. D.I. 5 at 5, 44, 52. D.I. 5 at 79. 2

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Ms. Husfelt was rude and disrespectful to a resident. During the other incident, Ms. Husfe lt called a fellow M CC em ployee a "b itch." 7 For each of the 2006 incidents, Ms. Husfe lt received written notice of the disciplinary action taken.8 Ms. Husfelt signed the incident report regarding her behavior toward the resident, but refused to sign the report concerning the incident with the fellow employee.9 3. At the hearing before the Board, Debra Franklin ("Ms. Franklin"), the

MCC representative, testified that Ms. Husfelt was interviewed regarding the two recent instances that led to her termination and ask ed for h er input. 10 Accor ding to Ms. Franklin, Ms. Husfelt was suspended pending the investigation into the incidents.11 Based upon the facts gathered during the investigation and the seriousn ess of the vio lations, the MCC decided to termin ate Ms. H usfelt. 12 4. Ms. Husfelt filed for unemployment compensation with the Delaware

Department of Lab or ("DO L") on March 3, 2007.13 On April 4, 2007, a Claims Depu ty for the DOL determined that the MCC terminated Ms. Husfelt for wanton and

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Id. D.I.5 at 69, 70. Id. D.I. 5 at 79. Id. Id. D.I. 5 at 20. 3

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willful misconduct constituting just cause.14 Pursuant to 19 Del. C.

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